Landlord Must File Administrative Determination Application for DHCR Ruling

Tenant complained of a reduction in services based on inadequate bathtub caulking and a missing window lock. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that tenant's apartment was exempt from rent regulation because construction of the building wasn't completed until after Jan. 1, 1974. Landlord also argued that the building previously was subject to regulation under the Mitchell-Lama law but that landlord had prepaid its mortgage obligation in 2006, and HPD issued a "no objection" letter authorizing landlord's filing of a Certificate of Dissolution. The DHCR stated that it couldn't rule on landlord's claim concerning rent regulatory status in the course of this proceeding. Landlord must file an administrative determination (AD) application with the DHCR to get a ruling on that. If landlord was correct that the building was exempt from rent stabilization, the rent reduction order would be revoked.

Stevenson Towers Realty LLC: DHCR Adm. Rev. Docket No. FW610008RO (10/5/18) [3-pg. doc.]